A Momentary Glimpse of the Moon of Bliss: A Conceptual Framework of Justice within the Semantic Tapestries of Legal Pluralism

Abstract

This paper examines the politico-legal debates surrounding the efficacy of legal pluralism as a tool to counter injustice. Although justice and injustice in reality will always prosper amidst heterogeneous pluralities, it must be determined that law is not a watertight entity capturing the entirety of life but an internally plural phenomenon, evolving through situation-specific scrutiny and lived experiences. Managing competing forces of legal pluralism vis-a-vis a plurality-conscious framework has become increasingly dynamic, internally vigilant, extremely liquid and highly explosive. However, amidst unyielding State-centric etatism, reform-orientated activists yearn for a momentary glimpse of the moon of bliss. This famous kahani (story) is easily told: Little Krishna demands the moon as a toy and his mother Yashoda cleverly holds up a mirror, so that Krishna sees the reflection of the moon in the mirror and can play with that. This paper seeks to explain that although pluralist's yearn for the moon, in reality, the modalities and scope of legal pluralism, within the lacunae of international law, must be reassessed. A sense of myopia has permeated within complex legal landscapes, with the need for a deep sense of plurality-conscious justice enabling pluralists to enjoy a momentary glimpse of the moon of bliss, but never the full moon of justice.

Keywords: Legal pluralism, replication, hybridisation, heterogeneous pluralities, justice